109Meaning of derivative material11

109 Meaning of derivative material11 Any evidence, information, document or thing obtained directly or12 indirectly from compelled material is derivative material.13 110 Directions about use or disclosure of compelled material14 Directions about use or disclosure of compelled material15 (1) Subject to subsections (2) and (4), an examiner or the16 Director-General may direct that compelled material:17 (a) must not be used or disclosed; or18 (b) may only be used by, or disclosed to, specified persons in19 specified ways or on specified conditions.20 Note: Compelled material can be disclosed to a court in certain21 circumstances: see section 113.22 When examiner may make direction23 (2) An examiner may make a direction under subsection (1) if:24 (a) for compelled material covered by one or more of paragraphs25 108(1)(b), (c), (d), (e) and (g) in relation to an examination—26 the examination has not yet concluded; or27 (b) for compelled material covered by one or more of paragraphs28 108(1)(f) and (h) in relation to a notice to produce—the29 notice to produce has not yet been complied with.30

No. , 2026 Australian Criminal Intelligence Commission Bill 2026 113 (3) If subsection (2) applies, then without limiting subsection (1), an1 examiner must make a direction under subsection (1) if the2 examiner is satisfied that the failure to make such a direction:3 (a) might prejudice a person’s safety; or4 (b) would reasonably be expected to prejudice a witness’ fair5 trial, if the witness has been charged with a relevant offence6 or such a charge is imminent.7 When Director-General may make direction8 (4) The Director-General may make a direction under subsection (1)9 if:10 (a) for compelled material covered by one or more of paragraphs11 108(1)(b), (c), (d), (e) and (g) in relation to an examination—12 the examination has concluded; or13 (b) for compelled material covered by one or more of paragraphs14 108(1)(a), (f) and (h) in relation to a notice to produce—the15 notice to produce has been complied with.16 Considerations before making direction17 (5) Before making a direction under subsection (1), the examiner or18 the Director-General (as the case requires) must consider any19 request made by the witness for the compelled material to be20 disclosed to specified persons in specified ways or on specified21 conditions.22 (6) Subsection (7) applies if, before making a direction under23 subsection (1), the examiner or the Director-General (as the case24 requires) is aware that the direction will apply to a person who has25 a disability or vulnerability that could affect the person’s ability to26 comply with the direction.27 (7) The examiner or the Director-General (as the case requires) must28 consider directing that compelled material may be disclosed to29 enable the person to obtain assistance in:30 (a) complying with the direction; or31 (b) otherwise engaging with the ACIC for the purposes of this32 Part.33